Possession for Sales / Distribution

If the prosecutor believes the defendant intended to engage in drug distribution, they may add the charge of “possession for sales”. You do not need to actually sell the drug in order to be charged with intent to sell or distribute – they must simply show that you had the intention to sell. It is important to note that while a drug possession for sale charge may be prosecuted in State courts, drug possession for sales charged can be picked up and transferred to a Federal court at any time. Therefore, having a lawyer with knowledge and experience with both State and Federal drug crimes is essential.

Intent can be demonstrated by several factors:

• Large quantities of the drug in your possession
• Drug packaging including baggies, balloons, or any other packaging for distribution
• Paraphernalia such as scales or chemicals used in drug making or distribution
• History and background of the individual

Penalties for Drug Possession for Sales

Possession with intent to sell is a felony in California and receives greater punishment than a drug possession charge. A conviction can result in one of two punishments:

• Probation and up to a year in county jail
• Up to four years in a state prison and a max fine of $20,000